franchise law
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entitled to written notice, via certified mail return
receipt requested, informing them of the proposed
addition or relocation. Any new motor vehicle dealer
may institute an action as provided in section four
hundred sixty-nine of this article to protest the
establishment or relocation of the new motor vehicle
dealer following receipt of such notice, or following
the end of any appeal procedure provided by the
franchisor. In any action brought by the dealer, the
franchisor shall have the burden of proving that there
exists good cause for any such addition or relocation.
Institution of an action pursuant to this subdivision
shall serve to stay, without bond, the proposed
addition or relocation until a final judgment has been
rendered in a proceeding or action as provided in
section four hundred sixty-nine of this article.
(2) This subdivision shall not apply to:
(i) the relocation or replacement, other than a
replacement of a dealer who has moved within
such area, of an existing new motor vehicle dealer
within that dealer’s own existing relevant market
area, provided that the relocation not be to a site
within the relevant market area of a licensed new
motor vehicle dealer for the same line make of
motor vehicle, unless such existing franchise was
previously located within such new motor vehicle
dealer’s relevant market area; or
(ii) the addition of a new motor vehicle dealer or
the establishment of a replacement new motor
vehicle dealer, other than a replacement of a dealer
who has moved within such area, at or within two
miles of a location at which a former licensed new
motor vehicle dealer for the same line make of
new motor vehicle had ceased operating within the
previous two years; or
(iii) the relocation of an existing new motor vehicle
dealer within two miles of the existing site of the
new motor vehicle dealership if the franchise has
been operating on a regular basis from the existing
site for a minimum of three years immediately
preceding the relocation; or
